BANK OF AMERICA, N.A. v. OWENS

No. 84044-0.

266 P.3d 211 (2011)

173 Wash.2d 40

BANK OF AMERICA, N.A., a national, association, Petitioner, v. J'Amy Lyn OWENS, an unmarried person, Defendant, Kenneth Treiger, a married person as to his separate estate, Respondent, Shulkin, Hutton, Inc., P.S., a Washington professional corporation; and Edmund John Wood, Defendants.

Supreme Court of Washington, En Banc.

Decided October 27, 2011.


Attorney(s) appearing for the Case

Thomas Scott Linde , Schweet Rieke & Linde PLLC, Katie a Axtell , Bishop White Marshall & Weibel, P.S., Seattle, WA, for Petitioner.

Edmund John Wood , Wood & Jones, PS, Seattle, WA, for Defendant.

Jerry Richard Kimball , Attorney at Law, Catherine Wright Smith , Valerie A. Villacin, Smith Goodfriend, PS, Seattle, WA, for Respondent.

Robert Walton Sargeant , Daniel W. Ferm , Williams, Kastner & Gibbs, PLLC, Larry Eugene Leggett , Attorney at Law, Seattle, WA, amicus counsel for Washington Land Title Association.


OWENS, J.

¶ 1 As part of the distribution of property following the dissolution of Kenneth Treiger and J'Amy Lyn Owens' marriage, a home belonging to Owens (the Maplewood property) was sold, and, pursuant to a trust agreement, the proceeds were deposited in a trust account. Bank of America NA (the Bank), which had obtained a writ of attachment on the Maplewood property, filed this declaratory judgment action to determine each party's rights to the proceeds.<...

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